BILL ANALYSIS Ó AB 1129 Page 1 Date of Hearing: April 14, 2015 ASSEMBLY COMMITTEE ON HEALTH Rob Bonta, Chair AB 1129 Burke - As Amended April 6, 2015 SUBJECT: Emergency medical services: data and information system. SUMMARY: Requires an emergency medical services (EMS) provider, when collecting and sharing data with a local emergency medical services agency (LEMSA), to use a system compatible with California Emergency Medical Services Information System (CEMSIS) and National Emergency Medical Services Information System (NEMSIS) standards, as specified. Prohibits a LEMSA from mandating that an EMS provider use a specific system to collect and share this data. EXISTING LAW: 1)Establishes the state EMSA which is responsible for the coordination and integration of all state activities concerning EMS, including establishing the minimum standards for the policies and procedures necessary for medical control of the EMS system. 2)Requires EMSA, utilizing local and regional information to AB 1129 Page 2 asses each EMS area or LEMSA service area to determine the need for additional EMS services, coordination of EMS services, and the effectiveness of EMS services. 3)Requires EMSA to develop planning and implementation guidelines for EMS systems which address specified components, including communications, system organization and management, and data collection and evaluation. 4)Authorizes counties to develop an EMS program and designate a LEMSA responsible for planning and implementing an EMS system, which includes day-to-day EMS system operations. FISCAL EFFECT: This bill has not yet been analyzed by a fiscal committee. COMMENTS: 1)PURPOSE OF THIS BILL. According to the author, current law authorizes LEMSAs to plan, implement, and oversee day-to-day EMS in California. In order to monitor local EMS providers and services, LEMSAs collect data from those providers. The author further states, as local providers have shifted to electronic patient records; the potential for better analysis of EMS has increased. LEMSAs are able to provide the data they collect from EMS providers to EMSA through CEMSIS compatible software. Although the software and hardware must be compatible with CEMSIS, there are many different systems in use and many more available. The author explains that without guidelines in law, LEMSAs are able to require EMS providers in their jurisdiction to purchase specific software or hardware for data collection. By requiring providers that cover multiple counties or contract with multiple LEMSAs, purchase AB 1129 Page 3 specific software and/or hardware can be an unnecessary and costly burden. The author asserts existing law is silent on whether or not a LEMSA can require a specific hardware or software provider for EMS providers in their jurisdiction. 2)BACKGROUND. NEMSIS was formed in 2001 by the National Association of State EMS Directors, in conjunction with the National Highway Traffic Safety Administration and the Trauma/EMS Systems program of the Health Resources and Services Administration's Maternal Child Health Bureau, in order to develop a national EMS database. NEMSIS is the national repository that will be used to potentially store EMS data from every state in the nation, and was developed to help states collect more standardized elements to allow submission to the national database. According to EMSA, CEMSIS is a demonstration project for improving EMS data analysis across California. CEMSIS offers a secure, centralized data system for collecting data about individual EMS requests, patients treated at hospitals, and EMS provider organizations. EMSA states that at least 14 of California's 33 LEMSAs currently send a variety of local data collections to CEMSIS on a voluntary basis, and in return, these local agencies gain access to digital tools for running comprehensive reports on their own data at no cost. EMSA states when fully operational with 100% local participation, it is estimated that CEMSIS will catalogue more than 3 million EMS events per year. According to EMSA, it will use the data to develop and coordinate high quality emergency medical care in California through activities such as healthcare quality programs that monitor patient care outcomes, agency collaboration across jurisdictional boundaries, and public health surveillance. AB 1129 Page 4 On October 1, 2014, the NEMSIS Technical Advisory Committee announced that California was the first state to successfully transmit NEMSIS Version 3 EMS data to the national repository using field and statelevel software "certified compliant". NEMSIS Version 3, provides a set of tools that EMS professionals can use to integrate EMS patient care data with electronic medical records at hospitals, leading to better patient outcomes and a smarter system of care. 3)SUPPORT. The California Ambulance Association, the sponsor of this bill, along with the Los Angeles County Ambulance Association, and several ambulance providers write in support of this bill. Supporters state that the growing practice of LEMSAs to direct or require EMS providers in their region to purchase and employ specific software vendors undermines the purpose of a universal standard allowing providers to use whatever system is most efficient and effective for their area of operation, so long as it complies with the universal standard. Supporters write that there are numerous programs and vendors compatible with NEMSIS standards that can facilitate the exchange of healthcare information the state and federal data repositories. 4)OPPOSITION. The California Right to Life Committee (CRLC) writes in opposition to this bill. The CRLC is concerned about the provision of the bill that would require the EMS providers' data systems be integrated with the LEMSA's data system and this could eventually include data on a statewide Physicians' Orders for Life Sustaining Treatment Registry (POLST) or other similar end of life registries. CRLC is opposed to a POLST type form of end of life decisionmaking in which medical and nonmedical complete the form and the patient is not required to sign or verify the statements. If a person's name is automatically entered into a statewide or national registry, the person may not be treated properly if paramedics are called and their true choices for end of life decisions may not be known. AB 1129 Page 5 5)POLST. According to the POLST Legislative Guide, approved February 28, 2014 by the National POLST Paradigm Task Force, the POLST Paradigm is a clinical process designed to facilitate communication between health care professionals and patients with serious illness or frailty (or their authorized surrogate). The POLST paradigm promotes the use of a highly visible, portable medical form that transfers from one setting to another with the patient. Current law requires the form to be completed by a health care provider based on patient preferences and medical indications, and signed by a physician and the patient or his or her "legally recognized health care decision maker." Current law requires the health care provider, during the process of completing the form, to inform the patient about the difference between an advance health care directive and the POLST form. An advance health care directive is a health care instruction or a power of attorney for health care that allows an individual to provide their health care decisions or assign a legal representative to make medical decisions on their behalf. Unlike the POLST, state law requires information about end of life care, advance health care directives, and registration of the advance health care directives at a registry available on the Websites of the Secretary of State, the Department of Health Care Services, the office of the Attorney General, the Department of Managed Health Care, the California Department of Insurance, the Board of Registered Nursing, and the Medical Board of California. 6)OPPOSE UNLESS AMENDED. The Emergency Medical Services Administrators Association of California and the EMS Medical Directors Association of California are both opposed to this bill, unless it is amended. The opposition writes that although they are supportive of the concept of the use of electronic EMS data, they are opposed to the prohibition of LEMSAs mandating specific data collection systems. According to the opposition, while it is uncommon for a LEMSA to require a single system-wide patient care record system, such an AB 1129 Page 6 approach could be in the best interest of patients to assure the transfer and continuity of patient care data from prehospital providers, receiving hospitals, and specialty care centers. 7)RELATED LEGISLATION. a) AB 70 (Waldron) changes the reporting requirement that EMSA report annually to the Legislature on the effectiveness of the statewide trauma system to once every five years. AB 70 is currently pending hearing in the Assembly Health Committee. b) AB 503 (Rodriguez) allows a health facility to release patient-identifiable medical information to an EMS provider and LEMSA when specific data elements are requested for the purpose of quality assessment and improvement. Requires EMSA to develop minimum standards for the implementation of this data collection system. AB 503 was hear in this Committee on April 7, 2015 and passed on a vote of 17-0 and is currently pending the Assembly Appropriations Committee. c) AB 430 (Roger Hernández) requires EMSA to develop a statewide trauma plan that addresses all aspects of a trauma care system and report the status the plan to the Legislature no later than March 31, 2016. Requires LEMSAs implementing trauma care systems to commission an independent nonprofit organization or governmental entity qualified to assess trauma systems to conduct a comprehensive regional assessment of equitability and access to its trauma system at least once every five years. AB 430 is currently pending hearing in the Assembly Health Committee. AB 1129 Page 7 d) AB 791 (Cooley) requires DHCS to establish a registry for people to file their end of life directives. AB 791 is pending hearing in this Committee e) AB 637 (Campos) expands the ability to sign a POLST form to nurse practitioners and physician assistants (current law only allows a physician to sign the POLST form). AB 637 passed the Assembly Judiciary Committee on April 7, 2015 on a vote of 10-0. 8)PREVIOUS LEGISLATION. a) AB 1975 (Roger Hernández) of 2014 would have required LEMSAs to contract with the American College of Surgeons every five years to conduct a comprehensive assessment of the county trauma system. AB 1975 was held on the Suspense file in the Assembly Appropriations Committee. b) AB 1621 (Lowenthal and Rodriguez), also of 2014, would have required EMSA to develop the State Emergency Medical Services Data and Information System in order to assess each EMS area or LEMSAs service area to determine the need for additional EMS services, coordination of EMS services, and the effectiveness of EMS. AB 1621 was held on the Suspense file in the Senate Appropriations Committee. c) SB 266 (Romero) of 2005 would have required EMSA to establish a trauma care advisory committee and required the committee to develop a statewide trauma care plan by January 1, 2007. SB 266 was vetoed by Governor Schwarzenegger, stating " I am directing EMSA, informed by its Trauma Advisory Committee, to complete its statewide trauma care plan and provide me recommendations by no later than June 1, 2006." AB 1129 Page 8 d) AB 1988 (Diaz), Chapter 333, Statutes of 2002, requires EMSA to convene a task force to study the delivery and provision of EMS. Requires the task force, among other things, to develop a plan to ensure that all Californians are served by appropriate coverage areas for emergency and trauma services and that sufficient numbers of emergency departments and trauma centers exist to serve each area's population. REGISTERED SUPPORT / OPPOSITION: Support Ambulance Association of Orange County (sponsor) AmbuServe Ambulance California Ambulance Association Care Ambulance Service, Inc. Emergency Ambulance Service, Inc. Los Angeles County Ambulance Association, Inc. Shoreline Ambulance AB 1129 Page 9 Opposition California Right to Life Committee, Inc. Analysis Prepared by:Patty Rodgers / HEALTH / (916) 319-2097